Kerala High Court
Dr.Pradeepan Periyat vs Central University Of Kerala on 23 September, 2025
2025:KER:72191
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WP(C) No.25298 of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WP(C) NO. 25298 OF 2019
PETITIONER/:
DR.PRADEEPAN PERIYAT, AGED 38 YEARS
S/O. LATE P. KUNHIKANNAN NAIR, ASSISTANT
PROFESSOR OF CHEMISTRY, UNIVERSITY OF CALICUT,
RESIDING AT PERIYAT HOUSE, KOVVAL, VADAKUMBAD,
CHERUVATHUR P.O., KASARAGOD DISTRICT-671 313.
BY ADVS. SHRI.C.S.GOPALAKRISHNAN NAIR
SRI.T.VENUGOPALAN
RESPONDENTS:
1 CENTRAL UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, TEJASWINI HILLS,
PERIYE P.O., KASARGOD-671 316.
2 THE VICE CHANCELLOR, CENTRAL UNIVERSITY OF
KERALA, TEJASWINI HILLS PERIYE P.O., KASARGOD-
671 316.
3 THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY P.O., MALAPPURAM DISTRICT-673 635.
BY ADVS. SRI.K.RAMAKUMAR (SR.)
SRI.V.SAJITH KUMAR, SC,
CENTRAL UNIVERSITY OF KERALA
SHRI.T.RAMPRASAD UNNI
SRI.S.M.PRASANTH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:72191
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WP(C) No.25298 of 2019
JUDGMENT
Dated this the 23rd day of September, 2025 The writ petition is preferred challenging Exts.P24 and P25 letters issued by the 1 st respondent - Central University of Kerala, whereby the petitioner was directed to remit an amount of Rs.7,08,459/- being the alleged excess payment availed by him on securing appointment as Associate Professor of the University by submitting wrong credentials.
2. It is the case of the petitioner that while working as Assistant Professor at Calicut University, a notification was published as per Ext.P7 by the 1 st respondent University whereby various posts under the University was notified for appointment. The petitioner applied for the post of Associate Professor - Chemistry. The qualification prescribed for the Associate Professor in the notification is as follows:
2. Associate Professor
(i) Good academic record with a Ph.D. Degree in the concerned/allied/relevant disciplines.
(ii) A Master's Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed).
(iii) A minimum of eight years of experience of 2025:KER:72191 3 WP(C) No.25298 of 2019 teaching and/or research in an academic/research position equivalent to that of Assistant Professor in a University/College or Accredited Research Institution/Industry excluding the period of Ph.D. research with evidence of published work and a minimum of 5 publications as books and/or research/policy papers.
(iv) Contribution to educational innovation, design of new curricula and courses, and technology - mediated teaching learning process with evidence of having guided doctoral candidates and research students.
(v) A minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS), set out in the Appendix III of UGC Regulations 2010 and subsequent amendments."
3. It is submitted by the petitioner that he has obtained a Ph.D and secured 77.8% of marks in Post Graduation, exceeding the required 55% prescribed in the notification, and that he possesses 12 years of experience, exceeding the required 8 years. However, he remains silent about the (iv)th and (v)th conditions. The experience pointed out by the petitioner includes his engagement as a Guest Lecturer at Nehru Arts and Science College, Kanhangad for a period of 2025:KER:72191 4 WP(C) No.25298 of 2019 six months, Research Fellow under the Council for Scientific and Industrial Research, Thiruvananthapuram for a period of two years under the National Institute of Interdisciplinary Science and Technology (NIIST), and his Ph.D. Course at Dublin Institute of Technology, Ireland, for a period of three years and six months, was stated to be recognized by the UGC as per Ext.P11. He also relies on his Post Doctoral Fellowship at the Materials and Surface Science Institute (MSSI) University of Limerick, as evident in Ext.P6. Thereafter, he claims to have served as an Assistant Professor at the University of Calicut for a period of three years and nine months, thereby contending that he possesses 12 years and 6 months experience, exceeding the 8 years required in the notification.
4. The petitioner joined the service of the 1 st respondent on 07.01.2016, and he would have completed the two-year probation period by 01.06.2018. However, his confirmation was not declared.
5. In the meanwhile, he came to know that his confirmation was suspended as per Ext.P17, on the ground that a complaint regarding his appointment as Associate Professor in 2025:KER:72191 5 WP(C) No.25298 of 2019 the Department of Chemistry was pending disposal.
6. Thereafter, by Ext.P18, he was directed to remit three months' salary amounting to Rs.3,38,424/-, failing which, he would be relieved on completion of three months, considering his request as notice period. Ext.P18 was issued after his resignation and he was compelled to complete the three months' notice period as evident in Ext.P18. By Ext.P19 he was relieved with effect from 03.10.2017. By Ext.P22 another notice was issued with respect to recovery of eligible payments drawn on account of submission of wrong credentials for appointment. However, going by Ext.P22, no specific details regarding wrong credentials have been mentioned. In response to the same, the petitioner preferred Ext.P23, a detailed representation before the Registrar, Central University of Kerala. Even thereafter, without mentioning anything about the representation, he was issued with Ext.P24 and P25, pointing out the recovery of alleged ineligible payment drawn on account of submission of wrong credentials for appointment.
7. In response to the contentions in the writ petition, a counter affidavit has been filed by the respondents, 2025:KER:72191 6 WP(C) No.25298 of 2019 wherein it is submitted that the petitioner was not qualified to be appointed as Associate Professor, having made available false claims and documents. On finding that he had produced certificates which were not genuine, the same was sent to the organization concerned, which confirmed that he did not possess regular teaching experience for the period from 01.06.2006 to 30.06.2009. However, prior to initiating disciplinary proceedings, he was relieved from the Central University of Kerala, considering his representation. The University decided not to harm the future of the young scientist by taking extreme steps. However, in terms of the Ordinance, he was directed to remit three months salary in lieu of notice period. This was perfectly justified since it was in accordance with the rules and orders prevailing at the University. Exts.P24 and P25 were issued to the petitioner on the basis of the Rules and Facts which made him ineligible to hold the post of Associate Professor.
8. I have heard Sri.C.S.Gopalakrishnan Nair, the learned counsel appearing for the petitioner and Sri.Ramaprasad Unni, the learned Standing Counsel for the 2025:KER:72191 7 WP(C) No.25298 of 2019 respondents.
9. Though it is stated that the credentials are not correct, the University had issued with a certificate of experience wherein it is stated that the petitioner was found to be an excellent co-worker and a person of highest integrity with very good character and conduct. At the same time, he preferred Ext.P23 representation, which specifically pointed out all the matters relating to the service, which has not yet been considered by the University. It is a fact that the University has not assigned any specific reason except stating that he secured the appointment by producing certain wrong credentials. No specific details regarding the wrong credentials were provided in any of the orders. Even the counter affidavit is not specific with respect to which credentials provided by him were incorrect and how they rendered him ineligible for appointment as Associate Professor.
10. Under such circumstances, I deem it appropriate to set aside Exts.P24 and P25, which require specification with respect to the mistake committed by the petitioner. In the absence of such specification, Exts.P24 and 2025:KER:72191 8 WP(C) No.25298 of 2019 P25 cannot stand and the same are set aside. The University is directed to consider and pass appropriate orders on Ext.P23 representation submitted by the petitioner within a period of two months from the date of receipt of a certified copy of this judgment. If that decision is found to be in his favor, he may then be considered for any subsequent application for the post of Registrar. While reconsidering the issue, the University shall take note of Ext.P26 Office Memorandum dated 02.03.2016 of Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, New Delhi, also.
The writ petition is disposed of accordingly.
sd/-
P.M. MANOJ JUDGE das 2025:KER:72191 9 WP(C) No.25298 of 2019 APPENDIX OF WP(C) 25298/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, NEHRU ARTS AND SCIENCE COLLEGE, KANHANGAD DATED 7.5.2004.
EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE REGIONAL RESEARCH LABORATORY, THIRUVANANTHAPURAM.
EXHIBIT P3 A TRUE COPY OF THE LETTER ISSUED BY THE GRADUATE RESEARCH SCHOOL OFFICE OF DUBLIN INSTITUTE OF TECHNOLOGY, IRELAND BY THE DIRECTOR OF RESEARCH AND ENTERPRISE.
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE PH.D SUPERVISOR WHO WORKS IN ONE OF THE CENTRE OF DUBLIN INSTITUTE OF TECHNOLOGY KNOWN AS CENTRE FOR RESEARCH IN ENGINEERING SURFACE TECHNOLOGY.
EXHIBIT P5 A TRUE COPY OF THE PHD. DEGREE CERTIFICATE.
EXHIBIT P6 A TRUE COPY OF THE WORK EXPERIENCE CERTIFICATE.
EXHIBIT P7 A TRUE COPY OF THE ADVERTISEMENT NO.CUK/R/RE-5/2015 DATED 5.3.2015.
EXHIBIT P8 A TRUE COPY OF THE NO OBJECTION CUM EXPERIENCE CERTIFICATE ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE MEMO
NO.CUK/RC/PHASE-II/5/2015 DATED
7.12.2015.
EXHIBIT P10 A TRUE COPY OF THE APPOINTMENT
NO.CUK/R/T&NT/2014/VOLM.II DATED
31.12.2015.
EXHIBIT P11 A TRUE COPY OF THE LETTER DO.NO.F.17-
8/2013(PS) DATED 1.3.2016 ISSUED BY THE SECRETARY OF UGC.
EXHIBIT P12 A TRUE COY OF THE NOTIFICATION NO.CUK/ACA/AC-II/2/2014 DATED 23.3.2016 ISSUED BY THE IST RESPONDENT.
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WP(C) No.25298 of 2019
EXHIBIT P13 A TRUE COPY OF THE ORDER
NO.CUK/ACA/135/12 DATED 9.3.2016.
EXHIBIT P14 A TRUE COPY OF THE NOTIFICATION
NO.CUK/ACA/BS/192/2013 DATED 22.7.2016.
EXHIBIT P15 A TRUE COPY OF THE LETTER
NO.CUK/EST/PRB/2015/VOL.II DATED
10.1.2017 ISSUED BY THE IST RESPONDENT. EXHIBIT P16 A TRUE COPY OF THE LETTER DATED 14.1.2017 ALONG WITH THE PROBATION REPORT.
EXHIBIT P17 A TRUE COPY OF THE LETTER NO.CUK/NT/PF-
98/PP/2016/C5829 DATED 23.2.2017.
EXHIBIT P18 A TRUE COPY OF THE LETTER NO.CUK/ET/PF-
98/PP/2016 DATED 23.8.2017.
EXHIBIT P19 A TRUE COPY OF THE RELIEVING ORDER
NO.CUK/ET/PF-98/PP/2016 DATED
3.10.2017.
EXHIBIT P20 A TRUE COPY OF THE CERTIFICATE DATED
3.10.2017.
EXHIBIT P21 A TRUE COPY OF THE LETTER DATED
3.10.2017.
EXHIBIT P22 A TRUE COPY OF THE LETTER NO.CUK/ET/PF-
98/PP/2016 DATED 2.1.2018 ISSUED THE IST RESPONDENT.
EXHIBIT P23 A TRUE COPY OF THE REPLY DATED 10.1.2018.
EXHIBIT P24 A TRUE COPY OF THE LETTER NO.CUK/ET/PF-
98/PP/2016 E 6418 DATED 14.3.2019.
EXHIBIT P25 A TRUE COPY OF THE LETTER NO.CUK/ET/PF-
98/PP/2016 F 3133 DATED 22.8.2019.